Special Terms of Use

Safeway Online Ordering Services Terms and ConditionsWelcome to SAFEWAY.COM (the "Site"). These Online Ordering Services Terms and Conditions ("Special Terms"), in addition to the general Terms of Use for the Site, govern your ordering and purchasing of products and services online through the Site and your use of any other Safeway online ordering or shopping services (collectively "Safeway Online Ordering Services"). In addition, all mobile applications, some of which may permit online ordering or related services also are governed by our Mobile Application Terms. If there is a conflict between these Special Terms and the general Terms of Use for the Site, then these Special Terms shall control. These Special Terms apply to online orders delivered to a physical address and online orders picked up from our participating locations ("Drive Up & Go"), but they do not relate to your shopping at any of our physical stores. Please note before placing any order online at Safeway.com that online and physical store prices, promotions, and offers may differ. All references to "store," "online," "website," or "online store" as used herein refer to the Safeway Online Ordering Services only unless expressly stated otherwise.

These Special Terms are a legal agreement between you and Safeway Inc. ("Safeway"). Your use of the Safeway Online Ordering Services constitutes your agreement to these Special Terms and the general Terms of Use for the Site. If you do not agree to these Special Terms, do not use the Safeway Online Ordering Services.

In addition, by completing the online registration process, submitting each order and completing the checkout process, you confirm and affirm that you have read, understood and agree to these Special Terms, and the form in which they appear at the time your most recent online order was submitted or when your online registration was completed if you have not yet made a purchase, and the general Terms of Use for the Site.

You agree that the Safeway Online Ordering Services are provided on an "As Is" and "As Available" basis. We are not liable to you if we are unable to supply a particular item. If you would like out-of-stock items substituted, please utilize the Substitutions page during Checkout. If you are not satisfied with any substitution selected, you may return it with the delivery driver or the Drive Up & Go attendant at the participating location, as applicable, for a full refund.

We are unable to issue or accept rain checks online. We also do not accept printed coupons with online ordering. However, we do accept Internet and digital coupons and "Just for U" offers (collectively "Digital Coupons") that have been electronically loaded to a Safeway Club Card, where applicable and where that program is available. These Digital Coupon offers will be automatically redeemed at the time your order is processed at checkout, provided the Club Card you used to register for online ordering is the same card you use for in-store purchases on which you accrue or receive Digital Coupons. Digital Coupons will NOT be automatically redeemed online if the Club Card registered for online ordering is different from the Club Card to which the Digital Coupons were loaded. You can view the Club Card you entered for online ordering by clicking on the "My Account" link at the top of the Grocery Delivery page. If you are uncertain whether the number you entered for online ordering matches the Club Card you use in our physical stores, call Safeway Customer Support at (877) 505-4040 for help. "Just for U" offers are excluded from any "double coupon" promotion or any other promotion that increases the value of a coupon above its face value. All other coupon policies apply to electronic coupons that are loaded to a Club Card. For more information, please view our Coupon Acceptance Policy. In the event of a conflict between the terms of these Special Terms and the Coupon Acceptance Policy, the terms of the Coupon Acceptance Policy control.

1. Ownership, License & Restrictions on Use. The content of this Site is the intellectual property of Safeway. Your use of this Site does not grant you any rights, either intentionally or by implication, to the names, images, pictures, logos and icons identifying Safeway products and services contained on the Site. Any copying, republication, or redistribution of this Site’s content, including by caching, framing or any similar means, without the prior written consent of Safeway is prohibited. Safeway shall not be liable for any errors in content, or for any action taken in reliance thereon.

2. Offer and Acceptance. By submitting a completed order form, you offer to purchase, pursuant to these Special Terms and the order form, the groceries and other items (collectively, "Product") you select and submit to Safeway through the Safeway Online Ordering Services for purchase via the order form. Safeway may accept your offer by sending you an electronic confirmation that your order has been received and accepted. It shall be in Safeway’s discretion to accept or reject your offer. If Safeway accepts your offer, these Special Terms, the general Terms of Use, and the order form collectively constitute a legal agreement between Safeway and you governing your purchase of the Product from Safeway through the Safeway Online Ordering Services.

We route some orders through our loss prevention department. If we suspect any fraudulent activity on your account, we will notify you that the processing of your order may be delayed and/or cancelled if necessary. We reserve the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at our sole discretion.

3. Responsibilities. If Safeway accepts your online order, Safeway shall, in return for your payment, provide the Product that you order through the Safeway Online Ordering Services. The Product shall be delivered to you at the delivery address you designate or picked up by you at the participating location selected by you. Your payment for the Product and shipping/ delivery or pick up, including any applicable sales taxes, is due upon completion of the checkout and delivery or pick up of your order. Safeway will charge the payment for Product to the credit card that you submit to Safeway as part of the checkout process, and will collect the payment from your bank. You authorize Safeway to make and collect such payment and charge, and agree to make payment to Safeway if Safeway cannot collect the charge for any reason. The total amounts you shall pay for the Product per each order shall be the sums of the respective prices for the items you select and submit via the online order form, plus all applicable bottle deposits, sales taxes and delivery or pick up charges, if any, as reported to you as the "TOTAL" in the delivery or pick up receipt.

4. Product Pricing and Delivery/Pick Up Fee.The prices quoted on the Site at the time of your online order are estimated prices only. The actual order value cannot be determined until the day of delivery or pick up, because of variations in product weights, variations in Site prices and available promotions between the date you submit your order and the date/time your order is filled and delivered or picked up, and because taxes, bottle deposits and item availability cannot be determined until the order is ready to be delivered or picked up. Safeway AccuScan policy does not apply to the Safeway Online Ordering Services.

Online store pricing applies to all Drive Up & Go orders. In addition, online store pricing may differ between Drive Up & Go orders and delivery orders. You will be charged the prices and receive the promotions applicable to your online store and selected delivery method (i.e., delivery or Drive Up & Go), as noted next to each item, on the day of delivery or pick up.

Changes to delivery or pick up time after the time the order is submitted may not be available. All goods must be signed for on delivery or pick up by an adult 18 years of age or older. The goods will be retained by the driver or Drive Up & Go attendant if no adult is at the delivery address or pick up location when the delivery or pick up is attempted. For deliveries to the designated address, the driver will leave notification of delivery and will telephone to reschedule delivery or will return later the same day.

A minimum purchase amount will apply to delivery and Drive Up & Go orders. A delivery or pick up fee applies to all orders, including all Drive Up & Go orders, unless otherwise stated in the particular order, no matter how small or large, and is nonrefundable. Please see our customer Help/FAQ section for applicable delivery and pick up charges.

5. Promotions. Items are periodically offered at special rates, such as "Buy One Get One Free." Please indicate the exact quantity of products you wish to purchase. Refunds or credits will not be issued for promotional items not actually ordered.

6. Communications. Safeway shall conclusively presume that online communications received from you through your use of the online order form and the registration process are accurate, complete, and authorized by you as received by Safeway. You agree not to contest the validity and binding legal effect of those communications.

On occasion, Safeway may need to contact you regarding your account or a significant business issue. These communications may be marked "Special service notification: Please read."

7. Eligibility. You must be age 18 or older, and have completed the registration process to participate in any of the Safeway Online Ordering Services provided by Safeway. You will receive a user ID and password. Please keep them secret. You are entirely responsible for any use of the Safeway Online Ordering Services under your user ID and password. You must immediately notify Safeway of any unauthorized use of your user ID or any breach of security that becomes known to you.

8. Customer Registration. You agree to complete the initial registration process according to Safeway requirements stated on the Site, and to provide Safeway with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. You must provide Safeway with an accurate and complete credit card number and expiration date at the time of checkout. You represent and warrant to Safeway that your use of any credit card is authorized and legal.

9. Customer Information Changes. It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information with Safeway, as necessary.

10. Delivery or Pick Up. Large orders of specific items will be fulfilled based on available inventory levels on hand. For example, if you were to make an order of 100 cases of water, which would use up all of the available inventory, you may only receive a portion of that order. We reserve the right not to deliver or provide items we deem to be excessive in quantity. The Product will be delivered to you at a single delivery location you designate that is within the applicable delivery zone authorized by Safeway or will be available for pick up at the participating location selected by you for your order.

Orders that include wine, beer, alcoholic beverages, or tobacco products or other age-restricted items, require someone 21 or over to be present, accept, and sign for the delivery or pick up. Valid (non-expired, government issued) identification confirming the age of the person accepting and signing for the delivery or pick up of any age-restricted items is required where that person reasonably appears to be under the age of 30.

11. Methods of Payment. You can pay by any Visa, MasterCard, American Express or Discover card. Your credit card number will be encrypted to minimize the possibility of unauthorized access or disclosure. Please refer to Safeway Privacy Policy for further details. Authority for payment must be given at the time of order.

12. Product Availability.In the event an item you have ordered is temporarily unavailable, Safeway will complete and fill the remainder of your order in accordance with your substitution preference selected at the time of placing your order and notify you at the time of delivery or pick up of those items that are unavailable. For delivery orders to a designated address, Safeway will not, for any reason, redeliver items that are unavailable at the time of delivery or intentionally or unintentionally missing from an order. For Drive Up & Go orders, the attendant will not purchase or retrieve additional items not provided in the Drive Up & Go order. You will not be charged for items unavailable at the time of delivery or pick up, and will be refunded for items intentionally or unintentionally missing from an order. If an item is missing from your order, you have 48 hours from the time of delivery or pick up to notify Safeway.com Customer Support for a full refund. Refunds will not be given for an item missing from your order after the 48 hour time window.

13. Safeway Satisfaction Guarantee. If you are not satisfied with an item for any reason, call Safeway Customer Support toll-free at (877) 505-4040, 7 days a week from 8:00 am to 9:00 pm local time, and Safeway will issue a credit to your credit card in an amount equal to the value of the item, plus applicable sales tax. Safeway may arrange, in its sole discretion, to retrieve the item from the designated delivery address at no additional charge to you for the retrieval. Alcoholic beverages, tobacco products and baby formula may not be returned after delivery has been accepted or pick up has been made at the participating location selected by you.

14. Product Information. Safeway will attempt to update Product nutritional and other Product information as and when changes come to the attention of Safeway. However, Safeway is not responsible for any inaccuracy, incompleteness, or misstatement of any such information. You should read the Product information upon delivery or pick up, or contact the product manufacturer or distributor if you have questions or concerns.

15. Disclaimer of Warranty. THE SAFEWAY ONLINE ORDERING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SAFEWAY DOES NOT PROVIDE ANY ASSURANCES OF THE AVAILABILITY OR USABILITY BY YOU OF SAFEWAY ONLINE ORDERING SERVICES. SAFEWAY MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE SUBSTANCE, OR THE ACCURACY OR SUFFICIENCY THEREOF, OF ANY PRODUCT INFORMATION LISTED ON THE SITE OR ANY OTHER SAFEWAY WEB SITE. SAFEWAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE SAFEWAY ONLINE ORDERING SERVICES, DELIVERIES, DRIVE UP & GO ORDERS, OR OTHERWISE.

16. Limitation of Liability.SAFEWAY SHALL NOT BE LIABLE TO YOU FOR ANY INTERCEPTION OF ONLINE COMMUNICATIONS, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING, WITHOUT LIMITATION, VIRUSES, LOSS OF DATA, OR COMPATIBILITY CONFLICTS), UNAUTHORIZED USE OF YOUR CREDIT CARD, OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF SAFEWAY. ANY LIABILITY OF SAFEWAY (INCLUDING ITS EMPLOYEES, AFFILIATES, OR AGENTS) TO YOU FOR DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO SAFEWAY IN YOUR MOST RECENT USE OF THE SAFEWAY ONLINE ORDERING SERVICES IMMEDIATELY PRIOR TO THE CLAIMED INJURY, LOSS OR DAMAGE.

17. Changes to Special Terms.Safeway reserves the right to, from time to time, in Safeway's sole discretion, amend these Special Terms. You can determine the date these Special Terms were last amended and updated by referring to the modification date shown below. Any amendments to these Special Terms will apply only to those orders you place on or after the applicable modification date. It is your responsibility to review the Special Terms before submitting each order. Your continued use of the Safeway Online Ordering Services constitutes your agreement to the then-current amended and updated Special Terms.

18. Special Terms and Conditions Govern.These Special Terms, as amended from time to time, along with the order form you submit to Safeway through the Safeway Online Ordering Services and the general Terms of Use for the Site shall be the sole terms of the agreement between you and Safeway regarding your use of the Safeway Online Ordering Services. All statements otherwise made on the Site, or otherwise, are intended only for your convenience and do not form and are not included in our agreement or the terms for your purchase.

19. Taxes.If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Safeway and you must timely pay such taxes or amounts.

20. Safeway Right to Refuse Service.Safeway, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason.

21. Delivery/Pick Up Fees and Charges.The current Safeway Delivery Fee Schedule, including delivery fees for Drive Up & Go orders, may be obtained by calling Safeway Customer Service toll-free at (877) 505-4040, 7 days a week from 8:00 am to 9:00 pm local time. Safeway reserves the right to add, delete or change fees or charges at any time upon notice as provided in these Special Terms.

For complaints, please call Safeway Customer Support at (877) 505-4040.

22. Arbitration Agreement & Waiver of Certain Rights.You and Safeway agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Safeway hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Safeway relating to these Special Terms, the general Terms of Use, or the Safeway Online Ordering Services (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Safeway will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Safeway from seeking action by federal, state, or local government agencies. You and Safeway also have the right to bring qualifying claims in small claims court. In addition, you and Safeway retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Special Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Special Terms.

Neither you nor Safeway may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Safeway's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of these Special Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Special Terms. This Section of these Special Terms will survive the termination of your relationship with Safeway.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SAFEWAY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.